That was a good result prior then.
You obtained judgement in default because the defendant did not send a defence. They have now sent a defence, albeit late, and applied to set the judgement aside and the usual reason is that they didn’t receive the papers or suchlike. To be honest, it is rarely worth contesting an application to set aside a judgement unless there has been a large time scale between judgement and application to set aside.
Set aside after default judgement is very common.
You are entitled to write and ask why the judgement was set aside but the reason is going to be academic and of no use to you.
A defendant can apply to set aside any stage.
Having the wrong court on the top of the paperwork would be an excuse for them to apply to court to set the judgement aside if it went to the wrong court.
I’m sorry, I wish I could give you an answer that was more favourable to you.
Can I clarify anything for you?
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I know exactly what you are saying. I find it very frustrating myself. Solicitors are usually the worst culprits about failing to meet deadlines. To my mind, if there is a deadline, that’s it, a miss is as good as a mile. However frustratingly, it doesn’t work like that.
You can always ask for any wasted costs which you have incurred as a result of the error by the defendant, to be awarded in your favour
The defence should be sent to you and also to the court and it’s up to the court to stamp it although normally, wouldn’t need to be sealed provided there is no issue over whether it is a true copy or not.
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